“At any rate, then, there is no imputation on the juries,” said Mr. Ficker.
“The power of resorting to them is very valuable,” said our friend. “There is a strong disposition among the public to rely upon the decision of the Barrister, and that reliance is not without good foundation, for certainly justice in these Courts have been well administered. But there may be occasions when it would be very desirable that a jury should be interposed between a party to a cause and the presiding Judge; and certainly if the jurisdiction of these Courts is extended, it will be most desirable that suitors should be able to satisfy themselves that every opportunity is open to them of obtaining justice.”
“For my own part,” said I, “I would as soon have the decision of one honest man as of twelve honest men, and perhaps I would prefer it. If the Judge is a liberal-minded and enlightened man, I would rather take his judgment than submit my case to a dozen selected by chance, and among whom there would most probably be at least a couple of dolts. By the way, why should not the same option be given to suitors in Westminster Hall as is given in the County Courts?”
“What!” exclaimed Mr. Ficker, “abolish trial by Jury! the palladium of British liberty! Have you no respect for antiquity?”
“We must adapt ourselves to the altered state of society, Ficker. Observe the great proportion of cases tried in these Courts—more than sixty per cent. of the entire number of plaints entered. This is vastly greater than the number in the Superior Courts, where there is said to be scarcely one cause tried for fifty writs issued. Why is this? Simply because the cost deters parties from continuing the actions. They settle rather than go to a jury.”
“And a great advantage, too,” said Mr. Ficker.
“Under the new bill,” said our friend, the Clerk, “Fickers clients will all be coming to us. They will be able to recover £50 in these Courts, without paying Ficker a single 6s. 8d. unless they have a peculiar taste for law expenses.”
“And a hideous amount of rascality and perjury will be the consequence,” said Mr. Ficker. “You will make these Courts mere Plaintiffs’ Courts, sir—Courts to which every rogue will be dragging the first man who he thinks can pay him £50, if he only swears hard enough that it is due to him. I foresee the greatest danger from this extension of litigation, under the pretence of providing cheap law.
“Fifty pounds,” said I, “is, to a large proportion of the people, a sum of money of very considerable importance. I must say, I think it would be quite right that inferior courts should not have the right of dealing with so much of a man’s property, without giving him a power of appeal, at least under restrictions. But, at the same time, looking at the satisfactory way in which this great experiment has worked—seeing how many righteous claims have been established and just defences maintained, which would have been denied under any other system—I cannot but hope to see the day when, attended by proper safeguards for the due administration of justice, these Courts will be open to even a more numerous class of suitors than at present. It is proposed that small Charitable Trust cases shall be submitted to the Judges of these Courts; why not also refer to them cases in which local magistrates cannot now act without suspicion of partisanship?—cases, for example, under the Game Laws, or the Turnpike Laws, and, more than all, offences against the Truck Act, which essentially embody matters of account. Why not,” said I, preparing for a burst of eloquence—“why not——”
“Overthrow at once the Seat of Justice, the Letter of the Law, and our glorious constitution in Church and State!”